Legal Question in Wills and Trusts in California

Living Trust

My Mother had a Living Turst but we can't find a copy of it. We know the company that filed it but they went out of business...What should I do now?


Asked on 2/04/08, 6:54 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Living Trust

Companies don't file living trusts. They may draft them. If you mother does no have assets in the name of her trust, the document is irrelevant unless she has a will that is probated that leaves assets to the Trustee of the trust.

You should have an interested person file for letters of administration in a probate proceeding. That will give that person the power of the court to find and marshall her assets and determine how they have to be disbursed. You should use an attorney, who will be paid statutory fees based upon the value of the estate that goes through probate.

Call me if you want.

For future reference for youself and other family members, I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.

You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

Again, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.

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Answered on 2/04/08, 9:08 pm


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